Editor, Author at SCC Times

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”

Case Briefs High Courts

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

“This Court is of the opinion that the information that is being sought by the petitioner would impede the investigation conducted by the CBI involving a large-scale fraud, including many accused.”

Case Briefs High Courts

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs Supreme Court

Why should grounds of arrest be furnished in writing by ED? SC explains constitutional and statutory mandate

“The very purpose of the constitutional and statutory protection would be rendered nugatory if the authorities concerned are permitted to merely read out or permit reading of the grounds of arrest, irrespective of their length and detail, and claim due compliance with the constitutional requirement under Article 22(1) and the statutory mandate under Section 19(1) of the PMLA”.

Case Briefs Supreme Court

‘Conclusion of Trial to take reasonable time’; SC grants bail to murder accused in custody for more than 4.5 years

The Court did not express anything on the merits of the case and released the accused considering the period in custody and reasonable time for conclusion of Trial.

restriction landlords right public interest unreasonable

Cases Reported Never Reported Judgments

Never Reported Judgment| Restrictions imposed on landlord’s rights in public interest are not unreasonable [(1952) 1 SCC 764]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.

Case Briefs District Court

[Absolute Barbecque Restaurant case] Delhi Court directs registration of FIR for cheating and criminal conspiracy against owners of a property in Connaught place

The landlord concealed the fact that NDMC’s approval for dismantling work in the premise was not taken, leading to sealing of the premise, where Absolute Barbecque was about to run.

Case Briefs High Courts

Delhi High Court refuses to exercise jurisdiction by invoking the doctrine of forum conveniens

“The issuance of the letter dated 10-05-2016 from Delhi can, at best, be said to constitute a ‘slender part of the cause of action’ and cannot be determinative of the question as to whether this Court ought to entertain the petition.”

Case Briefs High Courts

Himachal Pradesh HC directs DGP to comply with POCSO Act for protecting identity of victim

“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs Supreme Court

Trial not likely to be concluded soon; SC grants bail to NDPS accused after 6 years in Jail

The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.

Book Review

Book Review| Bindal’s latest book offers insight into the contours of obscenity in law and practice, writes Vishavjeet Chaudhary

Latest addition to the landscape of jurisprudence around obscenity laws in India is Saurabh Bindal’s convincing read titled Obscenity: Prevention, Law and

Case Briefs District Court

Delhi Court discharges Baidyanath Ayurved, its Director and public officials from coal block allocation case

The Ministry of Coal’s policy was concerned with end use and the end use for the Baidyanath Ayurved being ‘power’ was in conformity with the MoC’s policy.

Case Briefs High Courts

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC

Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.

Case Briefs Supreme Court

Lack of facilities, teachers led to cancellation of 2022-2023 admissions; CLAT to cover NLU Tripura Admissions from 2024-2025 onwards: SC

NLU, Tripura is ready for fresh admissions in 2023-2024 with all the available facilities.

Case Briefs High Courts

Delhi High Court vacates stay on termination of Delhi Legislative Assembly Fellows

“The Supreme Court has declined to stay the Order dated 05-07-2023. Therefore, propriety demands that this Court ought not have passed any interim order which had the effect of staying the Order dated 05-07-2023 and other consequential orders.”

Case Briefs High Courts

Sainik School denies admission to student for being medically unfit; Uttaranchal High Court dismisses petition seeking admission

“A candidate should be medically fit in the manner that he/she must be in a good physical and mental health, free from any disease/syndrome/disability likely to interfere with the efficient performance, etc., but there should also be no evidence of any congenital deformities.

Dominos Dominick Pizza trade mark deceptively similar

Case Briefs High Courts

[Domino’s v Dominick] Delhi High Court restrains Dominick Pizza from using Domino’s registered trade marks

“Where the marks in question pertain to food items, or eateries where food items are dispensed and served, a somewhat higher degree of care and caution is expected to be observed.”